论庭审实质化的体系化构建——以“顾雏军案”再审为例

落实庭审实质化是实现以审判为中心的诉讼制度改革目标的关键,是对复杂刑事案件进行公正审判的必要条件。“顾雏军案”的再审纠错过程,体现了庭前会议制度的运用与直接言词审理原则的贯彻对于体系化构建庭审实质化的重要作用,为实现复杂刑事案件的公正审判带来了诸多有益启示。庭审实质化的实现,不仅需要完善庭前会议制度以及直接言词审理原则的相关制度,更需要刑事诉讼办案人员提升执业素养与办案理念。     

Detection of Inflicted Bruises by Alternate Light: Results of a Randomized Controlled Trial

Bruises are often difficult to detect on victims of violence, potentially impacting investigation and prosecution. The purpose of our randomized controlled trial was to measure the effectiveness of an alternate light source (ALS) within visible and long ultraviolet spectrums at improving bruise detection compared to white light over time. We also examined the effects of skin color, age, gender, localized fat, and injury mechanism on bruise detection. Participants included 157 healthy adults with balanced sampling across six skin color categories. Bruises were created under the controlled application of a paintball pellet and dropped weight to one upper and lower arm, respectively. Using a crossover design, both bruises were examined 21 times over 4 weeks. Ten different wavelength (350–535 nm) and filter (yellow, orange, red) combinations were used. Multilevel models were used to analyze 2903 examinations on both upper and lower arms. Results in multivariable models showed after controlling for other covariates 415 and 450 nm using a yellow filter had greater odds of detecting evidence of bruising than white light (Upper Arm: 415 nm: OR = 5.34, 95% CI: 4.35–6.56; 450 nm: OR = 4.08, 95% CI: 3.36–4.96). Under either light source, being female and having more localized fat had increased odds of detecting bruises created by the dropped weight (female: OR = 2.96, 95% CI: 2.37–3.70; fat: OR = 1.21, 95% CI: 1.09–1.34). Our results support ALS as an appropriate tool to enhance concurrent physical assessment of bruises in the presence of known history of injury. Future development and evaluation of clinical practice guidelines for ALS application are needed.     

Determining Shoe Length from Partial Shoeprints

The length of a shoe has significant value in reflecting characteristics of the owner, and thereby, it can help in tracking suspects in criminal cases. However, the shoeprints left at a crime scene are often incomplete, resulting in difficulties in assessing shoe length. To find a way to estimate the shoe length from a partial shoeprint, 109 shoes with different sizes and general patterns were collected, and their prints were lifted using magnetic powder. Four feature points were defined on a shoeprint, and the longest distance between the feature points was defined as shoe length. Using linear, quadratic, and cubic regression analyses, a total of 15 equations were obtained between the shoe length and the other distances between the feature points. Out of these, the five most accurate equations were selected as the optimal equation. The verified test, including another 18 pairs of shoes, showed an average error of equations between 0.591 cm and 0.732 cm. The equations were also applied in two practical cases, resulting in good accuracy. The study demonstrates that shoe length could be determined from partial shoeprints through the proven equations.     

试析法律职业共同体与法律人才培养共同体之间的互动

法律职业的产生与形成始终与法学教育有着不解之缘。为解决多年来形成的将法律人才培养体制分解为位于不同阶段相互缺乏必要联系的结构失范问题 ,我们必须通过系统的方法 ,从法律人才培养的全过程出发、从法学教育的双重属性出发 ,尽快重构法律人才的宏观培养体制 ,使目前相互分离的法律学科教育制度、法律职业教育制度、司法考试制度、法律职业技能训练制度和终身化的继续教育制度整合构建成一个完整的法律人才培养共同体 ,进而形成法律职业共同体与法律人才培养共同体之间的良性互动。     

The relationship between gunshot-residue particle size and Boltzmann distribution

Gunshot-residue(GSR)particles usually form spherical structures,have special dimensions,and a composition that consists of burned and partially unburned matter with a 0.5–50-mm diameter(sometimes larger).The GSR particle-size distributions have been argued to be caused by the effects of equilibrium-surface distributions during formation and have not yet been correlated with a theoretical analysis or probability distribution.This study proposes a model to explain the GSR particle-size distribution quantitatively.Based on the data,and,as predicted by our model,the number of GSR particles decreases proportionally to the inverse square of the GSR particle size as the particle size increases.This result occurs because of the abundance of microstructures that are encountered in the GSR particles.     

What can glove impression evidence reveal about assailants? A pilot study

Impressions and marks are expected components of any crime scene.There is nothing more disappointing for fingerprint experts than finding glove marks at a crime scene.The forensic expert’s primary task in such cases is to compare the characteristic features of glove impressions with the characteristics of a suspect.The aim of the present study was to determine whether additional information could be obtained from glove prints.Specifically,whether they could be used to help to predict the sex and stature of a suspect was investigated,as was the potential for ascertaining additional information in cases where such prints were recovered from diverse objects with different diameters.Male and female participants wore latex gloves,and after ink was applied to the gloves they grasped objects of different diameters(2,4,6 and 8 cm).Impressions of gloved flat hands were also obtained.Phalangeal and finger lengths were measured digitally via software.Sex and stature were successfully estimated based on impressions derived from gloved flat hands and from prints on various grasped objects.A regression equation was developed for stature prediction,and a discriminant equation was developed for sex prediction.     

司法精神病鉴定基本问题研究

近年来我国刑事司法实践中曝光的若干典型个案凸显精神病鉴定的混乱状况。实证调研发现,精神病鉴定自身的特征——对象的复杂性、过程的回溯性、知识背景的跨学科性、手段的有限性与结论的主观性,影响到其客观性与可信度。目前精神病鉴定存在的问题主要包括启动难、鉴定过程中医学与法学学科错位、诉讼权利保障机制欠缺、强制医疗制度带有行政化特征以及鉴定体制改革引发的问题。应当在坚持职权主义启动模式的基础上,对部分死刑案件增设强制启动机制,增设申请启动鉴定的上诉途径,细化启动考量标准;司法精神病专家与法律职业群体之间应当重新分工;应当增设被鉴定人由于鉴定导致人身自由被剥夺的法定强制措施以及在专家辅助人的帮助下对鉴定意见的质证权;强制医疗程序应当进行司法化改造并通过社会化途径加强执行能力;在鉴定管理体制上,应当取消现有鉴定主体限于医院的规定,恢复等级化的体系设置并建立鉴定人准入与培养机制。     

Inclusive Factors of Economic Growth: Nature,Region, Livelihood and Harmony——Based on Provincial Dynamic Panel Data GMM Analysis

From the history of economic development and the theory of economic growth perspective, exploring economic inclusive growth need to rely on natural resources, to exist appropriate regional differences, to allow residents to share fruits and harmonious and stable security environment. On the basis of traditional economic growth model, inclusive growth dynamic panel model is built. The empirical results show that: natural resources have a positive effect on promoting economic growth; urban-rural gap exists “inverted U” shaped relationship on economic growth mechanism; two elements of traditional economic growth, employment and physical capital, also promote economic growth; economic growth exists a great inertia. Early total economy has played an important role in promoting economic growth.     

新生儿成骨不全Ⅱ型的尸检和MSCT鉴定1例(英文)

本文报道了1例成骨不全(osteogenesis imperfecta,OI)Ⅱ型死胎案例。在妊娠期间胎儿即有颅骨骨折和颅脑损伤。法医尸体检验后,随即进行尸体多层螺旋CT(multi-sliced computed tomography,MSCT)扫描和三维重建。尸检结果显示了OIⅡ型的典型特征,包括颅骨变软、四肢畸形、髋关节弯曲和外展及一些异常特征如白色巩膜、髋内翻、部分骨骼和器官缺失、唇裂和两耳不对称。CT检测到的异常变化有腭裂、下颌发育异常、脊柱裂、颈肋、肋骨和椎骨融合,这些都是在常规尸检中难以检测到的。本文阐述了OI的分类、致病性基因突变、死亡原因以及OI与儿童受虐的鉴别,更强调了OI学科知识对法医病理学工作者的重要性和MSCT在法医病理学尸体检验中的价值。     

公诉权与被害人权利之冲突及衡平——以身份关系因素为视角

刑事诉讼打击犯罪和保障人权的双重目的虽然成为通说,但解决人类冲突纠纷的最根本任务却容易被忽略。刑事诉讼制度发展过程中,被害人的地位与权利经历着起伏的过程,即使如今已受到重视,但被害人的程序参与权仍是一大难题。以牵涉身份关系的刑事案件作为探讨公诉权边界问题的特定场域具有重要的实践意义,对于公诉权自身的完善和化解社会矛盾均具有积极推动作用。